Jury picked for LoPorto retrial

Opening statements to be Wednesday in retrial of ex-Troy councilman

Updated 11:11 pm, Tuesday, July 10, 2012

Troy restauranteur Michael LoPorto steps out of the courtroom in the Rensselaer County Courthouse in Troy, N.Y. during a break in his ballot fraud case in which jury selection is continuing July 10, 2012. (Skip Dickstein / Times Union)

Troy restauranteur Michael LoPorto steps out of the courtroom in...

Troy restauranteur Michael LoPorto steps out of the courtroom in the Rensselaer County Courthouse in Troy, N.Y. during a break in his ballot fraud case in which jury selection is continuing July 10, 2012. (Skip Dickstein / Times Union)

Jury selection was completed Tuesday with the seating of the 12-member panel and two male alternates.

LoPorto is on trial for a second time for his alleged participation in a Democratic scheme to steal the 2009 Working Families Party City Council primary by casting forged absentee ballots.

After opening statements by Special Prosecutor Trey Smith and defense attorney Cheryl Coleman, testimony is slated to start in LoPorto's retrial.

The first trial of LoPorto and Rensselaer County Democratic Elections Commissioner Edward McDonough ended in a mistrial when the jury could not reach a unanimous verdict.

LoPorto is charged with 29 counts of second-degree criminal possession of a forged instrument, which carries a maximum prison term of seven years. Seven counts are expected to be dropped.

During the questioning of potential jurors for LoPorto's retrial, media coverage became a major issue. Smith asked the jury pool if they had read or seen coverage of the first trial. Most acknowledged they were aware of the case from nearly three years of coverage.

Smith and Coleman questioned 63 people in the jury pool before the final panel was selected. Another 31 potential jurors were disqualified after questionnaires they completed were reviewed late Monday.

LoPorto's and McDonough's cases were separated for the retrial. McDonough does not yet have a date for the new trial. He faces 38 counts of second-degree forgery and 36 counts of second-degree criminal possession of a forged instrument.

When Coleman drew a response from a potential juror that LoPorto appears guilty, acting State Supreme Court Justice George J. Pulver Jr. warned her to be careful because he did not want the entire jury pool tainted.

Pulver, a Green County Court judge, was assigned the case after local judges recused themselves from the matter.

One juror told Smith she thought the case was wasting taxpayers' money. Rensselaer County has been billed $314,061.67 for the case.